What is copyright? What does this sign ‘©’ mean? Why should we care? Who hasn't lost sleep over these questions (!) Let's get down to basics.
tl;dr?
Just read some John Grisham novels. And don’t steal people’s work.
Origins
Creative and artistic ingenuity has been one of humanity’s greatest gifts throughout history. The unique contributions of those who see the world a little differently have propelled our species forward in ways that defy the boundaries of a single essay. Over time, the law has not remained indifferent to this phenomenon and has granted creators specific rights to their works. The purpose of providing creators with limited monopoly rights over their creations is to encourage and nurture creative output. This framework ensures that creators can cover the costs of production and reap the rewards of their work, fostering a sustainable cycle of innovation.
In short, copyright exists to protect and support creative thought in the interest of society at large. But before you get too carried away, remember—not everything you come up with is protected by copyright law.
What Does Copyright Protect?
To benefit from copyright, a work must first be “copyrightable.” In the context of Turkish copyright law, this means a creative product must meet three specific criteria in addition to being a product of intellectual effort:
Expression: Copyright protects the expression of ideas, not the ideas themselves. For instance, the idea of a song about a hotel in California with hidden sociopolitical themes is not copyrightable. However, The Eagles’ song “Hotel California,” which expresses that idea, is fully protected under copyright law.
Originality: To be copyrightable, a work must reflect the creator’s individuality and originality. The threshold for originality is not particularly high—it doesn’t mean the work must be something that’s never existed before. It simply means the work must bear traces of its creator’s unique contribution. For example, if you photograph the Bosphorus from a particular spot, and someone takes the exact same photo moments later, you both own copyrights to your respective photos. Neither of you can prevent the other from using, sharing, or selling their version.
Categorization: A work must fall into one of the categories defined in Turkey’s Law on Intellectual and Artistic Works (Fikir ve Sanat Eserleri Kanunu) to be considered copyrightable. General knowledge, facts, or short phrases cannot be copyrighted. However, unique short phrases or slogans can often be protected under trademark law, a close cousin of copyright within intellectual property rights.
If your creative work meets these criteria—congratulations! Your work is automatically protected under copyright law. But why does copyright matter so much? Let’s dive deeper.
The Rights Granted by Copyright
As a copyright holder, you are entitled to exercise a set of rights, either individually or collectively. While these rights may vary depending on the type of work (photos, music, films, books, etc.), they generally include:
• Reproduction Rights: The right to copy or reproduce the work.
• Adaptation Rights: The right to create new versions or adaptations of the work.
• Distribution Rights: The right to rent, lend, sell, or otherwise distribute the work.
• Public Performance Rights: The right to perform, play, or display the work publicly (whether it’s literary, musical, dramatic, cinematic, etc.).
• Broadcasting Rights: The right to transmit the work via signals, sound, or video.
As the creator, you can choose to exercise these rights directly or license them to others, either for free or for a fee. The choice is entirely yours.
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Think of copyright protection as a spectrum. Generally, you own copyright from the moment you create the work. If someone uses your work without permission, you can send legal warnings and even file lawsuits. However, if you want a stronger position in such cases, you might consider registering your rights with the Turkish Copyright Office (Telif Hakları Genel Müdürlüğü). This registration doesn’t grant you any new rights—it serves as proof of ownership.
In some cases, such as musical or cinematic works, computer games, or imported productions, mandatory registration is required for ease of tracking. However, this registration is intended for administrative purposes and does not establish the existence of copyright itself.
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In the digital age, awareness of copyright is more critical than ever. For artists, creatives, and designers, producing successful work increasingly relies on robust copyright protection. With the explosion of creative content on the internet and social media, not only do you need to protect your own creations, but you also run the risk of unintentionally infringing on someone else’s rights.
If you have questions about copyright, don’t hesitate to reach out using our contact form. Protecting creativity ensures its future—and that’s something worth investing in.
25/05/19
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